사해행위취소
1. As to real estate listed in the separate sheet:
A. It was concluded on March 13, 2017 between the Defendant and C.
1. Basic facts
A. On January 17, 2014 and May 20, 2016, the Plaintiff extended a total of KRW 1.5 billion to D Agricultural Partnership (hereinafter “D”). At the time, C, the representative of D, provided a collateral guarantee within the limit of KRW 270,000,000 in total for D’s loan obligations.
B. On May 19, 2016, the entry registration of provisional seizure (hereinafter “instant provisional seizure”) was completed, consisting of 458,245,500 claims of 16 claims, including E, etc. (hereinafter “instant provisional seizure”).
C. D, upon delinquency in the interest of the Plaintiff’s loan, the Plaintiff notified the Plaintiff that the Plaintiff would lose its interest due to D on December 21, 2016, and D lost its interest due on December 29, 2016.
On February 13, 2017, the Plaintiff notified D and C of the commencement of the legal procedure for the collection of loans. At the time, the Plaintiff had C with a collateral guarantee claim of KRW 270 million (hereinafter “instant claim”).
E. C created the instant right to collateral security (hereinafter “instant contract”) on March 13, 2017, with respect to the loan of this case owned by himself on the ground of the contract establishing the right to collateral security (hereinafter “instant contract”).
E. C was in excess of the debt at the time of the establishment of the instant collateral security.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion C, in collusion with the Defendant in preparation for the enforcement of the instant loan loan, completed the registration of the establishment of the instant neighboring mortgage under the instant contract in collusion with the Defendant, and thus, the registration of the establishment of the instant neighboring mortgage is invalid.
Therefore, in this case, the Plaintiff’s claim by subrogation, who is insolvent, with the instant claim as the preserved right, is obligated to implement the registration procedure for cancellation of the registration of the establishment of a mortgage in the instant case to C, the owner of the instant loan.
B. At the time of the establishment of the instant collateral security, the instant provisional attachment attachment registration was made on the loan of this case.